Public Policy in the International Civil Process in Russia: Current State

DOI

10.2991/assehr.k.200321.122How to use a DOI?

Keywords

public policy, recognition, enforcement, foreign judicial decisions, international commercial arbitration

Abstract

The article is devoted to the study of the concept and application of the category of public policy in the international civil process in Russia. The analysis on the basis of Russian legislation and judicial practice in relation to the recognition and enforcement of foreign judicial decisions and decisions of international commercial arbitrations was carried out. The jurisprudence of recent years regarding the recognition and enforcement of foreign judicial decisions and decisions of international commercial arbitrations made outside the Russian Federation was studied. The conclusion on the significant development of the concept and interpretation of public policy in the judicial practice of the Supreme Court of Russia, which coincides as a whole with the interpretation in foreign doctrine and judicial practice, is drawn. At the same time, an analysis of the decisions of the Russian courts in specific cases shows a wide variety of interpretations and application of the public policy category, which depend on the category of the case. The influence on the understanding of public policy and the possibility of its application, the presence of fiscal interest in a particular case, which can be expressed in the use of budget funds in the relations of the parties, etc., are noted.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - V.V. Yarkov
PY  - 2020
DA  - 2020/03/24
TI  - Public Policy in the International Civil Process in Russia: Current State
BT  - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)
PB  - Atlantis Press
SP  - 246
EP  - 250
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200321.122
DO  - 10.2991/assehr.k.200321.122
ID  - Yarkov2020
ER  -